GUNADHAR MALLICK Vs. SHASHANK SINGHANIA

JUDGEMENT

(1.) This revisional application is directed against judgment and order dated 31st August 2004 passed by the learned Judge, 7th Bench, City Civil Court in Misc. Appeal No. 38 of 2002 affirming Order No. 12 dated 10th June 2002 passed by learned 4th Judge, Presidency Small Causes Court at Calcutta, in ejectment Suit No. 1471 of 2001.

(2.) Admittedly the petitioner instituted the suit for eviction, under the West Bengal Premises Tenancy Act, 1997, on 17th August 2001. Objection was taken by the defendant/opposite party as to the jurisdiction of the Court to entertain a proceeding under the West Bengal Premises Tenancy Act, 1997. The Trial Court found that the Court had no jurisdiction to entertain the suit as the power to adjudicate dispute under sections 6 and 7 of the West Bengal Premises Tenancy Act, 1997, is conferred upon the Rent Controller. It is further held that in view of section 6 sub section (5) of the said Act, the suit could not be instituted within two years from the date of coming into force of the said Act and directed the plaint to be returned to the plaintiff/petitioner.

(3.) Assailing the said order an appeal was filed before the City Civil Court at Calcutta. The Appellate Court also, held that the Court has no jurisdiction to entertain a suit of such nature and dismissed the said appeal.